Umadevi Judgment Not A Shield For Perpetual Temporary Employment: J&K HC

A Division Bench of the Jammu and Kashmir High Court comprising Chief Justice Arun Palli and Justice Rajnesh Oswal held that daily rated worker engaged prior to 31-03-1994 and continuously employed for decades cannot be denied regularization under SRO-64 on the pretext of being a casual labourer. Further, the Umadevi Judgment cannot be invoked to justify perpetual temporary employment...

Dismissal Of Appeal As Withdrawn Not Compromise Decree Unless Court Passes Decree Under Order 23 Rule 3 CPC: J&K&L High Court

The Jammu & Kashmir High Court held that an appellate order dismissing an appeal as withdrawn does not amount to a compromise decree merely because a written compromise was placed on record, unless the court records its satisfaction and passes a decree in terms of the compromise as required under Order XXIII Rule 3 of the Code of Civil Procedure.A bench of Justice Sanjay Dhar set aside...

J&K&L High Court Flags Inaction On Cancer Care Facilities, Urges Action To Fill Shortage Of Oncologists & PET Scan Machines

In order to address the long standing deficiencies in cancer treatment facilities in Jammu and Kashmir, the Jammu and Kashmir and Ladakh High Court, has issued stern orders demanding urgent compliance from the authorities. The Court's orders come after repeated delays and non-compliance despite earlier directives aimed at providing better healthcare for cancer patients.After reviewing...

Proof Of Occurrence Crucial, Victim's Minority Cannot Rescue Doubtful Prosecution: J&K&L High Court Acquits Gang Rape Accused

The Jammu & Kashmir and Ladakh High Court has ruled that where the prosecution fails to prove the very occurrence of the alleged crime through clear, cogent and uncontradictory evidence, the minority of the alleged victim cannot be invoked as a fallback to sustain conviction.While reiterating that consent of a minor is legally irrelevant in a rape prosecution, the Court cautioned that such...

Courts Must Be Judicious While Granting Interim Relief In Matters Involving Public Infrastructure & Welfare Schemes: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has flagged delays that stalled the establishment of the Aishmuqam Degree College for more than a decade, resulting in what the Court described as “avoidable hardship” and “educational loss” to successive batches of students.A bench of Justice Wasim Sadiq Nargal cautioned that “Courts must remain judicious and miser in granting...

“13 Yrs Lost To Administrative Paralysis”: J&K&L High Court Slams Govt For Delay In Establishing Degree College In Pahalgam Constituency

The Jammu & Kashmir and Ladakh High Court, in a powerfully worded judgment, expressed deep anguish over more than a decade of administrative indecision that prevented the establishment of a sanctioned Government Degree College in the Pahalgam constituency.Justice Wasim Sadiq Nargal held that the combined effect of prolonged inaction, contradictory official communications, and the...

No Parallel Proceedings; Revenue Authorities Should Step Aside Once Civil Court Takes Up Dispute: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that revenue authorities cannot run concurrent proceedings once a civil court has already seized a dispute. Court noted that this principle was violated in a Kupwara land-pathway dispute where both sides simultaneously sought remedies before different forums.Justice Wasim Sadiq Nargal, while dismissing a writ petition filed by one...

J&K&L High Court Slams 82-Year-Old 'Habitual Litigator' For Abusing Legal Process; Dismisses Plea With ₹2 Lakh Costs

The High Court of Jammu & Kashmir and Ladakh has dismissed a plea filed by an 82-year-old Attorney Holder Abdul Gani Bhat, imposing ₹2 lakh exemplary costs while warning that his conduct of filing habitual pleas poses a serious threat to the administration of justice.The judgment, authored by Justice Vinod Chatterji Koul, opened by recording that the petitioner has become “a...

SARFAESI Act | Borrower's Right To Redeem Secured Asset Ends With Publication Of Auction Notice: J&K&L High Court

Reaffirming of the legal bar under the amended Section 13(8) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, the High Court of Jammu & Kashmir and Ladakh has held that a borrower's right to redeem a secured asset stands extinguished the moment the Auction Notice is published, if dues are not cleared before such...

J&K&L High Court Takes Suo Motu Cognizance Of News Report On Cardiac Services Collapse At Jammu Super Speciality Hospital

The High Court of Jammu & Kashmir and Ladakh on Monday initiated suo motu proceedings after taking note of a news report indicating a complete shutdown of cardiac procedures at the Government Super Speciality Hospital (GSSH), Jammu, owing to suspension of life-saving medical supplies over unpaid dues under the Ayushman Bharat PM-JAY scheme.The development occurred during the hearing of...

Concept Of 'Tentative Award' Is Foreign To Land Acquisition Act: J&K&L High Court Upholds Landowners' Right To Seek Reference

The Jammu & Kashmir High Court held that the Land Acquisition Act does not recognise the concept of a “tentative award”, clarifying that what is often referred to as such is merely a tentative assessment of compensation subject to approval of the competent authority. The Court further ruled that an application filed by landowners objecting to compensation at the tentative stage can...

'Anti-National' Posts/Chats On Facebook Justified Preventive Custody: J&K&L High Court Declines Detainee's Plea

The Jammu and Kashmir High Court has upheld a preventive detention order passed against a detainee accused of posting content on Facebook that raised security concerns, observing that the decision of the detaining authority was not mechanical, but based on material that could reasonably lead to satisfaction that preventive custody was necessary.Justice Sanjay Dhar recorded that the...